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1. The Defendant: (a) KRW 4,050,000 for the Plaintiff and KRW 6% per annum from November 2, 2018 to November 6, 2019; and (b) the Plaintiff.
Reasons
1. Basic facts
A. A. Around July 20, 2018, the Defendant subcontracted the Plaintiff the Songpa-gu Seoul Metropolitan Government Ground C Ground Building Building Project to the Plaintiff.
(hereinafter referred to as the “instant subcontracted project,” and the said subcontracted project contract is referred to as the “instant subcontracted project”). B.
In relation to the instant contract, there is a standard contract for private construction works (part of the evidence A No. 2) in which the contract amount is KRW 135 million.
According to the above contract, the rate of warranty bond is 3%, and the special agreement provides that “the recipient shall prepare all materials, equipment, human resources, etc. other than the materials paid by the contractor (refinite, refinite, refinite, refinite, etc.) and complete the structural part of the above contract building in accordance with the drawing.”
C. The instant construction was completed around October 31, 2018.
[Ground of recognition] The fact that there is no dispute, part of Gap evidence No. 2, and purport of whole pleading
2. Determination
A. The Plaintiff’s assertion 1) The Plaintiff’s primary claim for construction cost (1) KRW 160 million, the Defendant entered into a contract by setting the instant construction cost as KRW 160 million (2.30 million x 650,000 won and KRW 13 million x 880,000), and the Defendant paid KRW 74 million out of the construction cost, and the remainder of the construction cost is paid KRW 86,000,000. In addition, the Defendant shall pay KRW 3.77 million to the Plaintiff according to the instant contract. (2) The Defendant shall dispatch the director of the instant construction site and the cleaning seal to the Plaintiff. The Defendant failed to perform this, and paid the Plaintiff wages by hiring the cleaning seal. The Defendant shall pay the Plaintiff the amount equivalent to KRW 40,00,000, KRW 300, KRW 4,506, KRW 5305, KRW 205, KRW 200, KRW 739.